1. A violation of any provision of law pursuant to which a person is required to register under the provisions of California Penal Code section 290;
2. Any violation of California Penal Code sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 314, 315, 316, 318, 653.22, 653.23 or subsections (a), (b) or (d) of section 647;
3. Any other crime involving dishonesty, fraud, deceit, or moral turpitude;
4. A violation of California Penal Code section 415, 602, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the crimes previously listed in subsections A1 through A3 of this definition;
5. Any crime committed while engaged in the management or ownership of a massage business or the practice of massage;
6. A violation of California Health And Safety Code sections 11054, 11055, 11056, 11057, or 11058; or
7. Any offense in another state or territory of the United States which is the equivalent of any of the above offenses.
B. Within five (5) years of the date immediately preceding the date the application was filed, or any time thereafter, any applicant whose city registration certificate, CAMTC certification, or trainee registration certificate or permit, which was issued by the state of California or any county or city has been suspended or revoked for good cause; C. Committing or maintaining a nuisance pursuant to California Penal Code sections 11225 through 11235, and/or Health And Safety Code sections 11570 et seq., for which a permanent injunction was issued, or committing a violation of any similar provisions of law in another state or territory of the United States; or
D. Committing a violation of any provision of this article provided that the applicant received timely notice of the violation.
EMPLOYEE: Any person hired by a massage business or owner who renders any service for the business/owner in exchange for any form of compensation from the business.
FINANCE DIRECTOR OR DIRECTOR: The Director of Planning and Engineering of the city of Porterville or designee.
HEARING OFFICER: The administrative hearing officer appointed by the city manager to conduct an administrative hearing pursuant to this article.
MANAGER: The person(s) designated by the massage business owner to act as the representative and agent of the owner in managing day to day operations with corresponding responsibilities.
The term "manager" may also include an owner.
MASSAGE BUSINESS OR BUSINESS: Any business that offers massage therapy in exchange for compensation. Any business that offers any combination of massage therapy and bath facilities, including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a massage business under this article. The term "massage business" includes a certified massage practitioner or therapist who is the sole owner, operator and employee of a massage business operating as a sole proprietorship. For purposes of this article, "massage business" shall include, without limitation, the advertising and soliciting of massages, and Ordinance No. 1935
includes, but is not limited to, a certified massage practitioner or therapist who is the sole owner, operator and employee of a massage business operating as a sole proprietorship, as well as a massage business which employs
certified massage practitioners or therapists.
MASSAGE BUSINESS OWNER OR OWNER: Any of the following persons:
A. Any person who is a general partner of a general or limited partnership that owns a massage business.
B. Any person who has a five percent (5%) or greater ownership interest in a corporation that owns a massage business.
C. Any person who is a member of a limited liability company that owns a massage business.
D. Any person who has a five percent (5%) or greater ownership interest in any other type of business association that owns a massage business.
MASSAGE OR MASSAGE THERAPY: The skillful application of touch, including, but not limited to, pressure, stroking, kneading, compression on or movement of the external surfaces of the body to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation. Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, hellerwork and reflexology.
RECEPTION AREA: An area immediately inside the front door of the massage business dedicated to the reception and waiting of clients of the massage business and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.
REGISTRATION CERTIFICATE HOLDER: The applicant named on the application for a registration certificate and all massage business owners.
RENT-SPACE MASSAGE THERAPIST OR RENT-SPACE THERAPIST: A person who practices massage at a massage business but is not an employee of the business.
SOLE PROPRIETORSHIP: Means and includes any legal form of business organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide massage services.
VISITOR: Any person who enters a massage business and who is neither a client, owner, manager, nor employee of the business.
15-126: EXEMPTIONS:
The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:
A. Complete exemption. The requirements of this chapter shall not apply to the following individuals:
1. Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of the licensed Ordinance No. 1935
persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.
2. Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this exemption shall only apply if the massaging of the neck, face and/or scalp, hands or feet of the clients is ancillary to the primary service being provided by the barber or beautician.
3. Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.
4. Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.
5. Any other business or profession exempt from the provisions of this chapter by state law.
B. Limited Exemption. In addition to any other applicable provisions of this article, businesses that offer ancillary massage services shall only be required to comply with the provisions set forth in this section for the massage portion of the business. The business shall comply with the following provisions:
1. Massage services must be performed by a certified massage practitioner or therapist;
2. Subsection 15-128 F of this article related to facility requirements as they pertain to the portion of business that is utilized for massage;
3. Subsection 15-128 G of this article related to operational requirements; and
4. Section 15-136 of this article related to inspections.
C. Additional Limited Exemption/Temporary Permit. An individual who is currently not a certified massage practitioner or therapist by CAMTC as defined in Section 15-125 , due to his or her school having closed on or before June 30, 2016, may obtain a license to practice massage therapy for compensation as a sole practitioner or therapist or employee of a massage business for one six-month period, pending CAMTC certification under its Closed School Policy(ies), provided that all the following requirements are met:
1. Prior to applying for a permit under this section, he or she possesses a valid business license for massage therapy services and was at all times in good standing in another U.S. city’s jurisdiction.
2. The individual provides sufficient evidence to and as determined by the City of Porterville that he or she is applying to the CAMTC for certification as a certified massage therapist or practitioner.
3. The individual provides evidence of current membership with the Associated Bodywork & Massage Professionals, including proof of current insurance coverage obtained through that Association.
4. The individual’s business location and operations must comply with all other provisions of this Article and Chapter 21 of the Porterville Municipal Code. A Non-CAMTC certified owner of a business where an individual will be engaging in massage therapy servicesshall Ordinance No. 1935
continue to be required to comply with all applicable requirements specified in Article IX, including but not limited to 15-128 B.il, even if the massage therapy services qualify as ancillary massage services.
5. If the individual does not receive his or her CAMTC certification within the period specified above, the permit shall expire and the individual will no longer be able to practice massage therapy services in the City. The City may extend the permit for a maximum of one additional six-month period, upon a showing by the individual that CAMTC certification/approval is pending, after which no further extensions shall be granted.
D. Furnish Evidence: Any person claiming an exemption under this section shall furnish satisfactory evidence to the city manager upon request that he or she is entitled to the exemption, including, proof of bona fide employment or, if applicable, a citation to the particular provision of state law upon which that person relies. 15-128: REQUIREMENTS FOR MASSAGE BUSINESSES:
A. Requirements: It shall be unlawful for any massage business to provide massage services unless all of the following requirements are met:
1. All of the individuals employed by the massage business to perform massage are certified massage practitioners or therapists;
2. The business has a valid city business license under this chapter; and
3. The business has a valid city registration certificate under this article.
B. Application For City Registration Certificate: The application for new and renewal city registration certificates shall include the following information, without limitation, and an application fee in an amount established by city council resolution:
1. The legal name, address and telephone number of the massage business.
2. A floor plan indicating how the use is proposed to be conducted within the premises, a list of services to be provided, and a description of any other business operated on the same premises.
3. Legal names of all owners of the massage business and the names of all managers.
4. Home address and telephone number and business address and telephone number of all owners of the massage business, and any previous home addresses for a period of five (5) years immediately prior to the date of the application and the dates of residence at each.
5. For all owners, a valid and current driver's license and/or photo identification issued by a state or federal governmental agency, or other photographic identification bearing a bona fide seal by a foreign government.
6. The form of business under which the massage business will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form).
Ordinance No. 1935
7. For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business's employees or independent contractors providing massage services; and acknowledging that failure to comply with the California Business And Professions Code section 4600 et seq., any local, state, or federal law, or the provisions of this article may result in revocation of the business's city registration certificate.
8. The massage license and registration history of all of the owners, including whether the owner has operated any massage business or similar business or occupation within any other county, city, or state; and whether or not the applicant, in previously operating a massage business, has had the license or registration certificate revoked, suspended, or denied. In the case of revocation, suspension, or denial, the owner shall also include within the form the reason(s) therefor, and any employment obtained subsequent to any revocation, suspension or denial.
9. The employment history of each owner for five (5) years preceding the date of the application, the inclusive dates of the employment history, and the name and address of any massage business or similar business owned by the individual, whether inside or outside the city. Employment history shall also include whether the owner, including a corporation or partnership, or a former employer of the applicant while so employed, was ever subjected to an abatement proceeding under California Penal Code sections 11225 through 11235, or any similar provisions of law in a jurisdiction outside the state.
10. For each owner of the massage business that is a certified massage practitioner, a copy of that person's current certification from the California massage therapy council as a certified massage practitioner, certified massage therapist, or conditionally certified massage practitioner, and copy of that person's CAMTC issued identification card.
11. For each owner that is not CAMTC certified, current fingerprints taken by the city of Porterville police department or a certified and approved California live scan fingerprinting center for the purpose of conducting a background check on behalf of the city, to determine the criminal history of the applicant, including whether the applicant has been convicted of any felony, misdemeanor, infraction, or municipal code violation, or has been held liable for any administrative or civil action, for an act that is substantially related to the practice of massage or disqualifying conduct.
12. The name of each person the massage business employs or retains to perform massage therapy for compensation. For each person the massage business does or will employ or retain to perform massage therapy for compensation, a copy of that person's current certification from the California massage therapy council as a certified massage practitioner, certified massage therapist, or conditionally certified massage practitioner and a copy of that person's CAMTC issued identification card for each certified massage practitioner.
13. The name and address of the owner of the real property upon, in, or from which the massage business is to be operated. In the event the applicant or owner is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the massage business and the property owner authorizing use of the Ordinance No. 1935
premises for a massage business, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage business will be operated by the applicant upon, in, or from the property owner's property.
14. Proof of current and valid workers' compensation insurance from an insurer authorized to do business in California, in an amount as required by law.
15. Authorization for the city, its employees and agents to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the registration certificate.
16. The name of the individual to receive notices on behalf of the business.
17. Any other identification and information necessary to discover the truth of the matters required to be set in the application.
C. Changes To Application Information: Any changes to the application information during the period the city is reviewing the application shall be immediately reported to the city.
Failure to report these changes shall result in denial of application.
D. Approval Or Denial Of City Registration Certificate And Massage Business Registration Certificate Renewals:
1. Within thirty (30) days following receipt of a completed application, the Director of Planning and Engineering shall either issue the registration certificate or mail a written statement of the reasons for denial as set forth below. The director shall deny a registration certificate to the applicant where any of the following conditions exist:
a. The applicant or any owner has procured or attempted to procure a registration certificate or other license by fraud, misrepresentation or material misstatement; b. The applicant or any owner is a person who, as established by clear and convincing evidence, has engaged in "disqualifying conduct" as defined in this article within five (5) years immediately preceding the date of filing of the application;
c. The massage business, as proposed by the applicant, if permitted, would not comply or has not complied with all the applicable laws, including, but not limited to, all the city's building, fire, zoning, and health regulations; d. The applicant or any owner has violated any provision of this article, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage businesses;
e. The applicant is less than eighteen (18) years of age; f. The application is incomplete and the required supplementary documents were not submitted within twenty (20) days of a request for these documents by the Director of Planning and Engineering;
g. The applicant or any owner has been denied for good cause a business registration certificate or license; has had their registration certificate or registration revoked, suspended, or restricted for good cause; has been proven to Ordinance No. 1935
have violated any ordinance related to the practice of massage; or has had any other disciplinary action taken for good cause against them by another city, state, county or territory of the United States, or by any other government agency; or h. The applicant or any owner is indebted to the city for any unpaid fee or fine.
2. If prosecution is pending against the applicant or any owner for either conduct violating this article's provisions or conduct violating Business And Professions Code section 4600 et seq., the director may postpone the decision on the application until the prosecution's final resolution. As used in this subsection, "prosecution" means charges filed by the district attorney, administrative proceedings brought by a local government or agency, or a civil or criminal action maintained by the Porterville city attorney or prosecution attorney.
E. Written Notice Of Denial: Upon determining that grounds for denial exist, the Director of Planning and Engineering shall furnish written notice of the denial to the applicant. The notice shall summarize the principal reasons for the denial, shall state that the applicant may request an appeal pursuant to section 15-131 of this article, and shall be delivered by mail to the applicant as that name and address appear on the application.
F. Facilities Prerequisite To Registration Certificate Issuance: A registration certificate shall not be issued pursuant to this article unless an inspection reveals that the business complies with each of the following minimum requirements of this article and chapter 21 of this code:
1. Facility Requirements:
a. No massage or massage services shall be given in a business, or premises registered pursuant to this article, in any room or space enclosed or divided by walls and fitted with a door capable of being locked from the inside. This section shall not apply to the business's external doors and shall not operate to prohibit a massage business from locking its external doors if the business is a business entity owned by one individual with one or no employees or independent contractors.
b. A list of services available and the cost of the services shall be posted in an open and conspicuous public place on the premises. The services shall be described in English and any other languages that the business chooses. Only services on the posted list shall be performed.
c. Minimum lighting consisting of at least one artificial light of not less than forty (40) watts shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present.
d. Massage businesses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.
Ordinance No. 1935
e. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities, shall be in good repair and maintained in a clean and sanitary condition.
f. Adequate bathing, dressing, locker and toilet facilities shall be provided for clients.
A minimum of one tub or shower; one dressing room containing a separate locker for each client to be served, which locker shall be capable of being locked; as well as a minimum of one toilet and washbasin, shall be provided in every massage business; provided, however, that if male and female clients are to be served simultaneously at the business, separate bathing, massage room(s), dressing room(s), and toilet facilities shall be provided for male and female clients. This requirement may be modified upon approval of the city manager if the services provided or site plan do not necessitate some or all of these facilities.
g. A minimum of one washbasin for employees shall be provided at all times. The basin shall be located within, or as close as practicable, to the area devoted to performing massage services. Sanitary towels shall also be provided at each basin. Hot and cold running water shall be provided at all times.
h. In the reception area, in letters that are a minimum of one inch (1") in height, a notice in English (and any other language that the business chooses) that provides information substantially as follows:
THIS MASSAGE BUSINESS AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE
PRIVACY AND ARE SUBJECT TO INSPECTION BY CITY AND HEALTH OFFICIALS WITHOUT
PRIOR NOTICE
i. No room or space enclosed or divided by walls and fitted with a door where massage or massage services are performed shall be equipped with any electronic, mechanical, or artificial device used or capable of being used, for the recording or videotaping of visual images and/or sound.
j. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed or required.
k. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. The tables shall be sanitized after each use.
l. A massage business shall operate only under the name specified in its city registration certificate.
m. No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.
G. Operating Requirements:
Ordinance No. 1935
1. Massage may be provided only between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. No massage business shall be open and no massage services shall be provided between nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. A massage commenced prior to nine o'clock (9:00) P.M. shall nevertheless terminate at nine o'clock (9:00) P.M., and all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at nine o'clock (9:00) P.M.
2. The owner and manager of a massage business shall be responsible for displaying the city registration certificate and the CAMTC registration certificate of each and every certified massage practitioner or therapist employed in the business in an open and conspicuous place on the premises. Passport size photographs of the registration certificate holder shall be affixed to the respective registration certificate on display pursuant to this section.
3. For each massage service provided, every massage business shall keep a complete and legible written record of the following information:
a. The date and hour that service was provided;
b. The service received;
c. The name or initials of the employee entering the information; and d. The name of the employee administering the service.
The records shall be open to inspection and copying by the Porterville police department, or other city officials charged with enforcement of this article. These records may not be used by any massage business owner or employee for any purpose other than as records of service provided and may not be provided to other parties by any person unless otherwise required by law. The records shall be retained on the premises of the massage business for a period of two (2) years.
4. All massage business owners and their employees shall wear clean outer garments. The garments shall not include any of the following:
a. Attire that is transparent or see through, or substantially exposes the employee's undergarments;
b. Swim attire, if not providing a water-based massage modality accepted by the California massage therapy council;
c. Attire that exposes the employee's genitals, pubic areas, buttocks, or breasts; d. Attire worn in a manner that constitutes a violation of California Penal Code section 314;
e. Attire worn in a manner that is otherwise deemed by the California massage therapy council to constitute unprofessional attire based on the custom and practice of the profession in California.
5. At all times during the massage, the client's genitals shall be fully covered and contact shall not be made with the genitals.
Ordinance No. 1935
6. The premises' exterior doors and the doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during the business hours (including electronic locking devices) or when clients are present. External doors may only be locked during business hours if the massage business is a business entity owned by one individual with one or no employees or independent contractors who are not employees of the business and there is no staff available to assure security for clients and massage staff behind closed doors.
7. During hours of operation, no person other than the listed manager on duty, an employee, or a client shall be allowed beyond the reception area of the massage business.
8. Clients and visitors shall only be permitted in the massage business during the hours of operation.
9. Visitors shall only be permitted in the reception area of the massage business.
10. Clients shall only be permitted in massage treatment areas if at least one massage practitioner is on the premises.
11. The massage business shall be supervised, during all hours of operation, by a manager specified in the city's registration application. The name of the manager on duty shall be posted in a conspicuous place within the reception area daily.
12. The owner and manager shall maintain a register of all employees or rent-space massage therapists. The employee register shall be maintained on the premises for a minimum period of two (2) years following an employee's termination. The owner and manager shall make the employee register immediately available for inspection upon demand by a representative of the Porterville police department or the city at all reasonable times. The employee register shall include, but not be limited to, the following information:
a. The name, nicknames and/or aliases used by an employee or rent-space massage therapist.
b. A good quality color photocopy of a lawfully issued CAMTC certificate for each employee and rent-space therapist that provides massage services. c. The employee's or rent-space therapist's home address and relevant phone numbers (including, but not limited to, home and cellular numbers). d. The employee or rent-space therapist's age, date of birth, gender, height, weight, color of hair and eyes.
e. The date of employment and termination, if applicable, or, in the case of a rentspace therapist, the start and end dates of the lease agreement, as well as a copy of the agreement for all employees.
f. The duties of each employee.
13. While the city registration is in effect and at all times during operation, the massage business shall fully maintain current and valid workers' compensation insurance as required by law. Proof of insurance shall be maintained on the premises at all times.
Ordinance No. 1935
14. The massage business shall apply to the city for an amended city registration certificate within twenty (20) days after the occurrence of any circumstance which changes the registration information initially provided to the city pursuant to this section, including, but not limited to, the termination of certified massage practitioners or therapists. There shall be no charge for an amended registration certificate unless the director determines that the changes are substantial and a new certificate is required.
H. City Registration Certificate: A city registration certificate issued pursuant to the terms of this article shall be valid for a term of one year from the date of issuance and, unless suspended or revoked, may be renewed annually upon application by the massage business owner so long as the massage business is operating within the city. No registration certificate shall confer any vested right to any person or business for more than the registration period. 15-131: DENIAL/APPEALS:
A. Notice of denial, suspension or revocation shall contain a statement of the violation(s) which constitute the basis for the suspension or revocation and information about the right to appeal. Notice of the suspension or revocation shall be given by first class mail to the owner and real property owner at the addresses shown on the registration certificate. Service shall be deemed complete when the notice is mailed by first class mail. The owner shall have ten (10) calendar days from the date the notice is served to appeal to the Director of Planning and Engineering in writing and upon payment of a fee in an amount established by city council resolution. Upon issuance of a notice of suspension or revocation, the registration certificate shall be surrendered and no massage activity may occur while any appeal proceeds.
B. Upon receipt of an appeal, the Director of Planning and Engineering shall appoint a hearing officer. A hearing shall be scheduled upon not less than ten (10) calendar days and not more than thirty (30) days, unless extended by mutual agreement. Notice of the hearing shall be given by first class mail to the owner and real property owner at the address shown on the registration certificate. Service shall be deemed complete when the notice is mailed.
C. The hearing officer's jurisdiction is limited to determining whether evidence exists to provide grounds for the registration certificate denial, suspension or revocation.
D. The city shall provide proof of any violations by a preponderance of the evidence. Formal rules of evidence shall not apply to the hearing.
E. The hearing officer shall:
1. Receive evidence regarding the proposed suspension, revocation or certificate denial.
2. Maintain a record of all evidence introduced.
3. Record the hearing.
4. Consider the nature, volume, severity, and frequency of any violations.
5. Decide whether grounds exist of the suspension or revocation or denial.
6. Issue a written decision within seven (7) days of the hearing that includes the factual and legal basis of the decision and a notice of the appeal rights contained in this article.
Ordinance No. 1935
F. The hearing officer's decision shall be final upon mailing by first class mail to the owner and real property owner at the address listed on the registration certificate.
G. The hearing officer's decision is subject to review pursuant to California Code Of Civil Procedure section 1094.6
15-136: INSPECTION BY OFFICIALS:
The investigating and enforcing officials, including, but not limited to, the Porterville police department; Tulare County health department; or the city's Director of Planning and Engineering, code enforcement, or building and safety officials, or their designees, shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this article. 15-139: SALE OR TRANSFER OF MASSAGE BUSINESS INTEREST:
A sale or transfer of any interest in a massage business, which interest would be reported as required in this article upon application for a city registration certificate, shall be reported to the Director of Planning and Engineering within ten (10) days of the sale or transfer. The Director of Planning and Engineering shall investigate any person receiving any interest in a massage business as a result of the sale or transfer, and if the person satisfies the requirements relating to city registration certificate applicants, the existing registration certificate shall be endorsed to include the person. A fee as set by resolution of the city council shall be paid to the city for the investigation by the Director of Planning and Engineering necessitated by each sale or transfer.
This ordinance shall be in full force and effect thirty (30) days from and after its publication and passage.
PASSED, APPROVED AND ADOPTED this 18th day of August, 2026. __________________________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By: _____________________________________
Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 18.
CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Consideration of Amendments to the City's Entertainment Zone Program SOURCE: City Manager's Office
COMMENT: On March 17, 2026, the City Council adopted Ordinance No. 1930, amending Chapter 15.20 of the Porterville Municipal Code to establish Entertainment Zones within the City. The ordinance created a framework allowing limited outdoor consumption of beer and wine during approved community civic events while maintaining local permitting, public safety, insurance, and enforcement requirements.
Ordinance No. 1930 currently establishes two Entertainment Zones: the Downtown Zone, consisting of Main Street between Olive Avenue and Morton Avenue, including adjacent sidewalks and public rights-of-way; and the Airport Zone, consisting of designated public areas of the Porterville Municipal Airport.
At its July 21, 2026 meeting, the City Council discussed the Entertainment Zone Program. The Mayor made a motion to expand the Entertainment Zone to include the Porterville Sports Complex and Main Street parking lots and to review the existing wristband fee. During the discussion, the Vice Mayor requested that the City also consider other potential locations throughout Porterville. The City Council unanimously approved the motion.
In response to Council's direction, staff reviewed the existing Entertainment Zone framework and potential opportunities to expand the program.
Expanding the geographic areas eligible for Entertainment Zone events could provide greater flexibility for community civic events, festivals, sporting events, and other activities while maintaining the existing permitting and public safety requirements established by Ordinance No. 1930.
Potential Entertainment Zone Expansion
Consistent with the Council's July 21 action and discussion, the following locations are presented for consideration:
• Porterville Sports Complex
• Main Street public parking lots
Item No. 18.
• Other City-owned or controlled locations as determined appropriate by the City Council
The existing ordinance requires each Entertainment Zone event to receive a valid community civic event permit and comply with applicable City requirements, State law, and California Department of Alcoholic Beverage Control licensing and permitting requirements. The City Manager is also authorized to impose event-specific conditions or revoke authorization when necessary to protect public health, safety, or welfare.
These safeguards would continue to apply to any additional Entertainment Zones authorized by the City Council.
Wristband Fee
Ordinance No. 1930 currently provides that a $10 wristband fee may be required for participation in an Entertainment Zone event, with proceeds deposited into the Entertainment Zone Fund or a successor fund designated by the City. The ordinance authorizes the City Manager to establish administrative procedures for collection, accounting, and remittance of the fee.
The ordinance separately authorizes the City Manager to require nontransferable wristbands as a means of verifying age eligibility and compliance with alcohol service requirements.
As directed by Council, staff is presenting the wristband fee for further consideration. Council may elect to retain the existing $10 fee, reduce the fee, eliminate the fee, or provide alternative direction regarding its application and administration.
Following Council direction, staff will work with the City Attorney to prepare the necessary amendment to Chapter 15.20 of the Porterville Municipal Code for City Council consideration.
RECOMMENDATION: That the City Council:
1. Review and provide direction regarding expansion of the City's Entertainment Zones to include the Porterville Sports Complex, Main Street public parking lots, and/or other locations determined appropriate by the City Council;
2. Review and provide direction regarding the existing $10 Entertainment Zone wristband fee; and
3. Direct the City Manager and City Attorney to prepare the appropriate amendment to Chapter 15.20 of the Porterville Item No. 18.
Municipal Code consistent with City Council direction.
ATTACHMENTS: 1. Ordinance No. 1930 – Establishing Entertainment Zones Appropriated/Funded: Not Applicable
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk ORDINANCE NO. 1930
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 15.20 OF THE PORTERVILLE MUNICIPAL CODE
TO ESTABLISH ENTERTAINMENT ZONES
WHEREAS, the California Legislature has authorized local jurisdictions to establish Entertainment Zones that permit the consumption of alcoholic beverages within designated public areas during specified days and hours, subject to local ordinance and oversight by the California Department of Alcoholic Beverage Control; and WHEREAS, Senate Bill 969, effective January 1, 2025, clarified and expanded the authority of cities to establish Entertainment Zones by ordinance and to define zone boundaries, days and hours of operation, permitted beverage types, and operational requirements; and
WHEREAS, the Downtown area of the City of Porterville and the Porterville Municipal Airport serve as a focal point for community civic events, festivals, and cultural programming that support local businesses and promote economic vitality; and WHEREAS, the City Council desires to establish a structured and legally compliant framework to allow limited outdoor consumption of beer and wine during approved community civic events while maintaining public safety and local control; and WHEREAS, Chapter 15.20 of the Porterville Municipal Code regulates community civic events, parades, and other activities that require heightened public safety oversight; and
WHEREAS, the City Council desires to establish Entertainment Zones as a regulated activity within Chapter 15.20, consistent with existing permitting, enforcement, and public safety frameworks; and
WHEREAS, the City Council has reviewed and approved the Entertainment Zone Operating Standards, which define the operational rules, enforcement mechanisms, and safety requirements for the Entertainment Zone; and
WHEREAS, the City Council finds that establishing an Entertainment Zone is consistent with State law and the City's economic development and community revitalization goals.
NOW, THEREFORE, BE IT ORDAINED: THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:
Ordinance No. 1930
SECTION 1. Chapter 15.20 Amended
Chapter 15.20 of the Porterville Municipal Code is hereby amended to add a new subsection to read as follows:
15.20 H. Entertainment Zones:
1. Definitions: The following definitions apply in this subsection:
"ABC" means the California Department of Alcoholic Beverage Control. "Alcoholic beverage" has the same meaning as set forth in California Business and Professions Code section 23004.
"City Manager" means the City Manager or designee.
"Entertainment zone" has the same meaning as set forth in California Business and Professions Code section 23039.5.
"Entertainment zone event" means a City-approved community civic event during which limited consumption of alcoholic beverages is permitted within an entertainment zone. "Management plan" means the Entertainment Zone Operating Standards adopted by the City Council.
"Open container" means any bottle, can, cup, or other receptacle that is open or has been opened and contains any alcoholic beverage.
2. Entertainment Zone Controls:
a. No Entertainment Zone Event may occur without issuance of a valid community civic event permit and any other approvals required by the City. b. Alcohol service within an Entertainment Zone shall be conducted in a manner that promotes responsible consumption and compliance with State law, including service limits, age verification, and refusal of service to intoxicated persons as provided in the management plan.
c. Authorization of an entertainment zone event does not exempt any person from compliance with:
1. Applicable provisions of Chapter 15.20;
2. California Business and Professions Code;
3. ABC licensing and permitting requirements; and
4. All conditions imposed by the City.
Ordinance No. 1930
d. A person may possess and consume an open container of an alcoholic beverage in a public place within an entertainment zone only during an approved entertainment zone event and only if the alcoholic beverage was purchased from:
1. A premises authorized by ABC to permit off-premises consumption within an entertainment zone pursuant to California Business and Professions Code sections 23357, 23358, or 23396; or
2. A person authorized to sell alcoholic beverages pursuant to an ABC special event permit or license.
e. Nothing in this subsection replaces or supersedes the requirements for a community civic event permit.
f. The City Manager may require the use of nontransferable wristbands, including procedures for issuance, display, and enforcement, to verify age eligibility and compliance with alcohol service requirements.
3. Implementation:
a. The City Manager is authorized to administer and implement this subsection and to establish administrative procedures necessary for its execution. b. Prior to authorizing an entertainment zone event, the City Manager shall ensure adoption and compliance with a management plan addressing, at a minimum:
1. Age verification and wristband requirements;
2. Container requirements;
3. Hours of operation;
4. Insurance and indemnification;
5. Security, crowd control, and cleanup; and
6. Enforcement procedures.
c. The City Manager may impose event-specific conditions or revoke authorization to protect public health, safety, or welfare.
4. Entertainment Zone Established:
Pursuant to California Business and Professions Code sections 23039.5 and 25690, the City Council hereby establishes the following entertainment zones:
1. Downtown Zone: Main Street between Olive Avenue and Morton Avenue, including adjacent sidewalks and public rights-of-way.
2. Airport Zone: Limited to the designated public areas of the Porterville Municipal Airport.
Entertainment Zone Events at the Porterville Municipal Airport shall not interfere with aviation operations, emergency access, tenant operations, or federal aviation requirements, and may be subject to additional conditions imposed by the City Manager.
Ordinance No. 1930
5. Hours of Operation:
An entertainment zone event may occur only between the hours of 10:00 a.m. and 11:59 p.m., subject to any additional limitations imposed by:
a. An ABC permit or license;
b. The management plan; or
c. The community civic event permit.
Nothing herein requires an entertainment zone event to operate until 11:59 p.m.; event hours may be further limited by the management plan or community civic event permit.
6. Permitted Alcoholic Beverages and Containers:
a. Alcoholic beverages permitted within the entertainment zone are limited to beer and wine only.
b. Distilled spirits and mixed alcoholic beverages are prohibited. c. Alcoholic beverages shall be served and consumed only in City-approved paper or plastic cups, not exceeding sixteen (16) ounces.
d. Glass, metal, aluminum, or hard plastic containers are prohibited.
Nothing in this subsection authorizes the service or consumption of distilled spirits, mixed drinks, or shots within an Entertainment Zone.
7. Insurance and Indemnity Requirements:
a. Insurance Requirements
Prior to issuance of a community civic event permit authorizing an entertainment zone event, the permit applicant or sponsoring organization, if different than the applicant, shall submit evidence of commercial general liability insurance, at no cost to the City, that complies with all of the following:
1. Coverage shall be at least as broad as ISO Commercial General Liability Form CG 00 01, provided on an occurrence basis, and shall include bodily injury, including death, property damage, and personal injury;
2. The policy limit per occurrence shall be in an amount determined by the City's Risk Manager;
3. The policy shall cover all losses and damages arising out of or related to the entertainment zone event;
4. The policy shall be endorsed to name the City, its officers, employees, and agents as additional insureds;
5. The policy shall be endorsed to provide that it is primary insurance and that any insurance maintained by the City shall not be called upon to contribute to a covered loss; and
6. The policy shall include a liquor liability endorsement when alcoholic beverages are served or consumed.
b. Required Coverage
Ordinance No. 1930
No person shall conduct or allow an entertainment zone event unless the insurance required by this subsection is in full force and effect for the duration of the event.
c. Indemnification
To the fullest extent permitted by law, the event organizer/permittee and participating businesses shall defend, indemnify, and hold harmless the City, its officers, employees, and agents from and against any and all claims, actions, losses, damages, liabilities, costs, and expenses of every type and description, including attorneys' fees, arising directly or indirectly, in whole or in part, from the acts or omissions of the permittee, participating businesses, or their officers, employees, contractors, or agents, except to the extent caused by the City's sole negligence or willful misconduct.
8. Fees and Deposits:
a. A ten-dollar ($10) wristband fee may be required for participation in an entertainment zone event, with proceeds deposited into the Entertainment Zone Fund, or such successor fund as may be designated by the City. b. Collection, accounting, and remittance of such fees shall be governed by administrative procedures established by the City Manager. c. Event organizers shall provide a refundable security and cleanup deposit in the amount of five hundred dollars ($500), subject to use and refund as provided in the management plan.
9. Enforcement and Penalties:
a. Violations of this subsection or the management plan are subject to criminal, civil, and administrative enforcement.
b. Failure to comply with the management plan constitutes a violation of this subsection and may result in suspension or revocation of authorization for the event.
c. Violations are declared a public nuisance.
d. Civil penalties may be imposed in amounts not less than $250 and not more than $25,000 for each day the violation continues.
e. Remedies are cumulative.
10. Biennial Review:
Every two years, the City Manager shall review the operation of entertainment zones in consultation with the Police Department and present findings to the City Council. Reports shall be made available to ABC upon request. The City Manager may also conduct an initial review following the first year of implementation and present findings to the City Council.
11. Severability:
Ordinance No. 1930
If any provision of this ordinance is held invalid, such invalidity shall not affect other provisions.
SECTION 2. Effective Date
This ordinance shall take effect thirty {30) days after its adoption.
PASSED, ADOPTED and APPROVED this 17th day of March, 2026 reg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
~ ______:;_--=-------
Fernando Gabriel-Moraga
Chief Deputy City Clerk
STATE OF CALIFORNIA )
CITY OF PORTERVILLE ) (SS)
COUNTY OF TULARE )
I, RICHARD TREE, the duly qualified City Clerk of the City of Porterville do hereby certify:
THAT the foregoing ordinance is a true and correct copy of Ordinance No. 1930, passed and adopted by the Council of the City of Porterville at a regular meeting held on the 17th day of March, 2026, that said ordinance has been duly published pursuant to law, and that by the terms and provisions of the Charter of the City of Porterville, said ordinance to become effective on the 16th day of April, 2026, at which time said ordinance is deemed to be in full force and effect.
THAT said ordinance was introduced by Council and the same was duly passed and adopted by the following vote:
Council: MEISTER MCKERVEY
AYES: X X
NOES:
ABSTAIN:
ABSENT:
BELTRAN GREEN
X
X
ernando Gabriel-Moraga,
Chief Deputy City Clerk
RIVAS
X
Item No. 19.
CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Consideration of a Courtesy Leak Adjustment Program for Utility Customers SOURCE: City Manager's Office
COMMENT: At its July 21, 2026 meeting, the Mayor requested that the City consider developing a Courtesy Leak Adjustment Program for utility customers and made a motion directing staff to evaluate and develop a proposed program for future City Council consideration. The City Council approved the motion.
In response to the approved motion, staff developed a proposed Courtesy Leak Adjustment Program for residential and commercial utility customers who experience unusually high water usage resulting from an unintended and verified leak. The program is intended to provide limited financial relief while encouraging prompt repair of leaks and maintaining appropriate safeguards for the City's utility funds.
Under the proposed Guidelines, the applicant must be the utility account holder of record and may receive no more than one courtesy leak adjustment during any two-year period. The leak must be repaired before the request is submitted, and a completed Request for Review form with required supporting documentation must be submitted within 90 calendar days following the end of the billing period in which the unusually high water usage associated with the leak first appeared.
Customers must provide reasonable documentation demonstrating that the leak occurred and was repaired. Supporting documentation may include invoices or receipts from a repair professional, receipts for materials used in a self-performed repair, photographs, written documentation describing the leak, or other information determined appropriate by the Utility Billing Supervisor.
The Guidelines also require customers to take reasonable and timely action after becoming aware of a potential leak, including when the City provides an automated or other leak notification. Receipt of an automated notification is not required for eligibility, and customers without notification-capable meter technology remain eligible under the same program requirements.
Item No. 19.
Eligible leaks generally include unintended water loss resulting from broken or leaking water lines, failed plumbing fixtures, irrigation-system leaks, underground service-line leaks, or other verified water-system failures.
Intentional, discretionary, or avoidable water use, including pool filling, excessive irrigation, water intentionally left running, normal seasonal increases in consumption, and water loss resulting from interference with City-owned water-system components, is not eligible.
Residential Accounts
For qualifying residential accounts, the courtesy adjustment will apply to eligible water consumption charges attributable to the verified leak. Normal usage will generally be established using the customer's usage for the same billing month of the prior year. If comparable prior-year usage is unavailable, the Utility Billing Supervisor may use available historical consumption data or another reasonable and representative methodology.
The maximum total courtesy adjustment for a residential account is $500 per approved leak occurrence.
Commercial Accounts
For qualifying commercial accounts, the courtesy adjustment will be calculated using the customer's normal historical water usage. Under the proposed Guidelines, the adjustment applies to eligible water consumption charges attributable to the verified leak and sewer charges calculated based on the elevated water consumption resulting from the verified leak.
Eligible sewer charges will be recalculated using the corrected water consumption established through the Courtesy Leak Adjustment Program. The maximum total courtesy adjustment for a commercial account is $2,000 per approved leak occurrence, inclusive of eligible water and sewer adjustments.
Program Administration and Appeals
The Utility Billing Supervisor will administer the program, review applications, verify billing and consumption history, determine whether a reported condition qualifies as an eligible leak, establish an alternative normal-usage methodology when necessary, determine the amount of an eligible adjustment, and develop administrative forms and procedures necessary to implement the program.
A written determination approving, denying, or modifying a request will generally be issued within 30 calendar days after receipt of a complete application and all required supporting documentation. If additional information is requested, the application will not be considered complete until Item No. 19.
the requested information is received.
An applicant who disagrees with the Utility Billing Supervisor's determination may appeal to the City Manager or designee within 15 calendar days. The City Manager or designee will issue a final written determination, generally within 30 calendar days after receipt of a complete appeal.
The program will become effective on the date established by the City Council and will apply prospectively only to eligible leaks occurring during billing periods ending on or after the effective date.
Courtesy leak adjustments approved under the program will be funded by the Water Enterprise Fund. The proposed Courtesy Leak Adjustment Program Guidelines, including the Request for Review form, are attached for City Council consideration.
RECOMMENDATION: That the City Council:
1. Approve the Courtesy Leak Adjustment Program and
associated Program Guidelines as presented, with any
modifications directed by the City Council; and
2. Authorize the City Manager or designee to take the
administrative actions necessary to implement the program.
ATTACHMENTS: 1. Draft Courtesy Leak Adjustment Program Guidelines Appropriated/Funded: Water Enterprise Fund
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
CITY OF PORTERVILLE
COURTESY LEAK ADJUSTMENT PROGRAM GUIDELINES
AUGUST 18, 2026
1. PURPOSE
The Courtesy Leak Adjustment Program is intended to provide limited financial relief to eligible residential and commercial utility customers who experience unusually high water usage resulting from an unintended and verified leak.
The program is designed to encourage prompt repair of leaks while maintaining appropriate safeguards for the City’s utility funds. Approval of an adjustment is discretionary and subject to compliance with these guidelines.
2. GENERAL ELIGIBILITY REQUIREMENTS
To qualify for consideration under the Courtesy Leak Adjustment Program, all of the following requirements must be met:
1. The applicant must be the account holder of record for the utility account.
2. An account is eligible for no more than one courtesy leak adjustment during any two-year period, measured from the date of the most recent approved courtesy leak adjustment.
3. The leak must be repaired before a request for adjustment is submitted.
4. A completed Request for Review form and all required supporting documentation must be submitted within 90 calendar days following the end of the billing period in which the unusually high water usage associated with the leak first appeared.
5. The customer must provide reasonable documentation demonstrating that the leak occurred and was repaired.
6. Upon becoming aware of a potential leak, including through a City-issued or automated leak notification, the customer must take reasonable and timely action to investigate and repair the leak. Failure to take reasonable and timely action after becoming aware of a potential leak may result in denial or reduction of a courtesy adjustment.
7. The availability or receipt of an automated leak notification is not a condition of eligibility under the program. Customers whose service locations are not equipped with technology capable of providing automated leak notifications shall remain eligible for consideration under the same program requirements.
8. An automated or City-issued leak notification is intended to alert the customer to a potential leak and does not, by itself, establish that a qualifying leak has occurred. The customer remains responsible for providing the documentation required under these guidelines.
9. The Utility Billing Supervisor may request additional documentation or information when necessary to determine eligibility.
10. The utility account must otherwise be in compliance with applicable City utility requirements.
3. ACCEPTABLE DOCUMENTATION
Supporting documentation may include, but is not limited to:
• Receipts or invoices from a licensed plumber or other repair professional; • Receipts for parts or materials purchased for a customer-performed repair; • Photographs documenting the leak or completed repair; • Written documentation describing the location and nature of the leak; or • Other information determined appropriate by the Utility Billing Supervisor.
Submission of documentation does not guarantee approval of an adjustment.
4. ELIGIBLE LEAKS
The program is intended to address unintended water loss resulting from verified plumbing or water-system failures.
Examples may include:
• Broken or leaking water lines;
• Failed plumbing fixtures;
• Leaking irrigation-system components;
• Underground service-line leaks; or
• Other unintended water losses determined eligible by the Utility Billing Supervisor.
The program does not apply to intentional, discretionary, or avoidable water use, including but not limited to:
• Filling or refilling swimming pools or spas;
• Excessive irrigation or overwatering;
• Water intentionally left running;
• Water loss resulting from tampering with, bypassing, damaging, altering, removing, otherwise interfering with a City water meter, meter seal, meter box, service connection, or other City-owned water-system component;
• Normal seasonal increases in water use; or
• Other consumption that does not result from a verified leak or system failure.
5. RESIDENTIAL COURTESY LEAK ADJUSTMENT
For an eligible residential utility account, the courtesy adjustment will be calculated using the customer’s normal historical usage.
For qualifying residential accounts, the courtesy adjustment will apply to eligible water consumption charges attributable to the verified leak.
Whenever available, normal usage will be based on the customer’s usage for the same billing month of the prior year.
The courtesy adjustment will apply to the month or months of unusually high usage associated with the verified leak.
The maximum total courtesy adjustment for a residential account is $500 per approved leak occurrence.
If the customer did not have an account at the service location during the comparable month of the prior year, the Utility Billing Supervisor may establish normal usage using available historical consumption data or another reasonable and representative methodology.
6. COMMERCIAL COURTESY LEAK ADJUSTMENT
For an eligible commercial utility account, the courtesy adjustment will be calculated using the customer’s normal historical water usage.
For qualifying commercial accounts, the courtesy adjustment will apply to eligible water consumption charges attributable to the verified leak and sewer charges calculated based on the elevated water consumption resulting from the verified leak.
Whenever available, normal water usage will be based on the customer’s usage for the same billing month of the prior year.
The courtesy adjustment will apply to the month or months of unusually high usage associated with the verified leak.
Eligible sewer charges shall be recalculated using the corrected water consumption established through the Courtesy Leak Adjustment Program.
The maximum total courtesy adjustment for a commercial account is $2,000 per approved leak occurrence, inclusive of all eligible water and sewer adjustments.
If comparable prior-year usage is unavailable, the Utility Billing Supervisor may establish normal usage using available historical consumption data or another reasonable and representative methodology.
7. ADJUSTMENT CALCULATION
The courtesy adjustment is intended to reduce eligible charges attributable to abnormal usage caused by a verified leak.
The adjustment will generally be calculated by:
1. Determining the customer’s actual water usage during the affected billing period;
2. Establishing normal water usage using the same billing period from the prior year or another approved methodology;
3. Determining the portion of eligible water charges attributable to water usage above the established normal water usage;
4. For commercial accounts, recalculating eligible sewer charges using the corrected water consumption established under this program; and
5. Applying a courtesy credit to the account, subject to the applicable maximum adjustment.
The adjustment shall not exceed the amount of eligible charges billed to the account.
8. PROGRAM ADMINISTRATION
The Utility Billing Supervisor is responsible for administering the Courtesy Leak Adjustment Program and determining whether an application satisfies the program requirements.
The Utility Billing Supervisor may:
• Request additional documentation;
• Verify utility usage and billing history;
• Determine whether the reported condition qualifies as an eligible leak; • Establish an alternative normal-usage methodology when prior-year data is unavailable; • Determine the amount of an eligible adjustment; and
• Develop administrative procedures and forms necessary to implement the program.
The Utility Billing Supervisor will issue a written determination approving, denying, or modifying a request within 30 calendar days after receipt of a complete application and all required supporting documentation.
If additional documentation or information is requested, the application shall not be considered complete until the requested information has been received. The 30-calendar-day review period shall begin upon receipt of the information necessary to complete the application.
If requested documentation or information is not provided within 30 calendar days of the City’s request, the Utility Billing Supervisor may consider the application withdrawn and close the request. The Utility Billing Supervisor may extend this timeframe upon a showing of reasonable circumstances.
During the review of a request for a Courtesy Leak Adjustment, the customer remains responsible for timely payment of all current and undisputed utility charges. Submission of a request for adjustment does not suspend the customer’s obligation to pay utility charges that are not subject to the request.
The City will not discontinue utility service for nonpayment of the amount subject to a pending Courtesy Leak Adjustment request while the request is under review. This protection shall continue during the period in which a timely appeal may be filed under Section 9 and, if a timely appeal is filed, until a final determination is issued by the City Manager or designee.
9. APPEALS
An applicant who disagrees with the Utility Billing Supervisor’s written determination regarding a request for a Courtesy Leak Adjustment may appeal the determination to the City Manager or designee.
An appeal must be submitted in writing within 15 calendar days from the date of the written determination and must identify the basis for the appeal and include any additional supporting information.
An appeal submitted after the 15-calendar-day appeal period shall not be considered unless the City Manager or designee determines that reasonable circumstances justify acceptance of a late appeal.
An appeal timely submitted, or a late appeal accepted by the City Manager or designee, shall stay collection activity and discontinuation of utility service for the amount subject to the appeal. The customer remains responsible for timely payment of all other current and undisputed utility charges during the appeal.
The City Manager or designee will issue a final written determination within 30 calendar days after receipt of a complete appeal. The determination of the City Manager or designee shall be final.
Following the final determination, any remaining balance shall be due and payable in accordance with the City’s applicable utility billing and collection requirements.
10. LIMITATIONS
The Courtesy Leak Adjustment Program is intended as a limited customer-assistance program and does not create an entitlement to an adjustment.
The City reserves the right to deny or reduce an adjustment when:
• Program eligibility requirements are not satisfied;
• Required documentation is incomplete or insufficient; • The reported water loss is not attributable to an eligible leak;
• The customer has already received an adjustment within the applicable two-year period; • The request is submitted outside the required timeframe; • The water loss is attributable, in whole or in part, to meter tampering or unauthorized interference with City-owned water-system components;
• The customer failed to take reasonable and timely action to investigate or repair a potential leak after becoming aware of the condition, including after receiving an automated or City-issued leak notification; or
• Other circumstances exist that are inconsistent with the intent of the program.
Any approved adjustment is a one-time courtesy credit for the qualifying occurrence and does not alter the customer’s responsibility to maintain private plumbing and water systems in good repair.
11. EFFECTIVE DATE
These guidelines shall become effective on the date established by the City Council and shall remain in effect until amended or rescinded by the City.
The Courtesy Leak Adjustment Program is prospective only and shall not be applied retroactively.
The program shall apply only to eligible leaks occurring during billing periods ending on or after the effective date established by the City Council.
CITY OF PORTERVILLE
COURTESY LEAK ADJUSTMENT PROGRAM
REQUEST FOR REVIEW
Please complete all sections of this form and submit all required supporting documentation.
Incomplete requests may delay review or may be closed if requested information is not provided within the timeframe established by the Courtesy Leak Adjustment Program Guidelines.
1. CUSTOMER AND ACCOUNT INFORMATION
Account Holder Name: _______________________________________________ Utility Account Number: _____________________________________________ Service Address: ___________________________________________________ Mailing Address, if different: _________________________________________ City/State/ZIP: _____________________________________________________ Phone Number: _____________________________________________________ Email Address: _____________________________________________________ Account Type:
☐ Residential
☐ Commercial
2. LEAK INFORMATION
Approximate Date Leak Began: ________________________________________ Date Leak Was Discovered: __________________________________________ Date Leak Was Repaired: ____________________________________________ Location of Leak: ___________________________________________________ Type of Leak or Failure:
☐ Broken or leaking water line
☐ Failed plumbing fixture
☐ Irrigation-system leak
☐ Underground service-line leak
☐ Other: _____________________________________________________________ Please describe the leak, how it was discovered, and the cause if known:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
3. LEAK NOTIFICATION
Did you receive an automated or City-issued notification regarding a potential leak? ☐ Yes
☐ No
☐ Service location does not have notification-capable meter technology If yes, approximate date notification was received: _______________________ After becoming aware of the potential leak, what action did you take to investigate or repair the condition?
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ An automated or City-issued leak notification indicates a potential leak but does not, by itself, establish eligibility for a Courtesy Leak Adjustment.
4. REPAIR INFORMATION
Who performed the repair?
☐ Licensed plumber or repair professional
☐ Property owner/account holder
☐ Property manager/maintenance staff
☐ Other: _____________________________________________________________ Name of Plumber/Repair Company, if applicable: _________________________ Date Repair Was Completed: __________________________________________
Briefly describe the repair performed:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
5. SUPPORTING DOCUMENTATION
Please attach reasonable documentation demonstrating that the leak occurred and was repaired.
Documentation attached:
☐ Plumber or repair professional invoice/receipt
☐ Receipts for repair parts or materials
☐ Photographs of the leak
☐ Photographs of the completed repair
☐ Written description or repair documentation
☐ Other: _____________________________________________________________ The Utility Billing Supervisor may request additional documentation or information when necessary to determine eligibility.
6. CUSTOMER ACKNOWLEDGMENTS
By signing below, I acknowledge and understand that:
1. I am the account holder of record for the utility account identified on this request.
2. The leak has been repaired prior to submission of this Request for Review.
3. This request and all required supporting documentation must be submitted within 90 calendar days following the end of the billing period in which the unusually high water usage associated with the leak first appeared.
4. A utility account is eligible for no more than one Courtesy Leak Adjustment during any two-year period, measured from the date of the most recent approved Courtesy Leak Adjustment.
5. Submission of this request does not guarantee approval of an adjustment. Approval is discretionary and subject to the Courtesy Leak Adjustment Program Guidelines.
6. During review of this request, I remain responsible for timely payment of all current and undisputed utility charges. Submission of this request does not suspend my obligation to pay utility charges that are not subject to this request.
7. The City will not discontinue utility service for nonpayment of the amount subject to this pending Courtesy Leak Adjustment request while the request is under review, subject to the requirements of the Courtesy Leak Adjustment Program Guidelines.
8. Water loss resulting from meter tampering, bypassing, damaging, altering, removing, or otherwise interfering with a City water meter, meter seal, meter box, service connection, or other City-owned water-system component is not eligible for an adjustment.
9. If the City requests additional documentation or information and I do not provide it within 30 calendar days of the City’s request, my application may be considered withdrawn and closed, unless the Utility Billing Supervisor extends the timeframe based on reasonable circumstances.
10. I certify that the information provided in this request and the supporting documentation submitted with it are true and correct to the best of my knowledge.
I understand that submission of this Request for Review does not guarantee approval of a Courtesy Leak Adjustment.
Account Holder Signature: ___________________________________________ Printed Name: _____________________________________________________ Date: ______________________________